Terms of Use

Effective Date: December 20, 2015

Revised: March 15, 2017 to update services offered and include language about incentives data

Welcome

Thank you for your interest Car.Show and its related shopping tools and car shopping content channels (the "Site"), a leading online automotive information and communications platform powered by Detroit Trading Company ("Detroit Trading"). Detroit Trading is amongst the world’s foremost aggregators of "in-market" shopper intelligence, providing data to original equipment manufacturers and dealers that are responsible for more than 30,000 individual vehicle sales or $1 billion in monthly car sales. We encourage you to read the following terms governing your use of and purchase of products from the Site. By using the Site or by providing personal information to us, you agree to be bound by these Terms of Service set forth below (the "Terms").

The Site provides users with various services, including — but not limited to — an online platform that enables you to (1) comparison shop new and/or used vehicle pricing based on style, segment, brand or payment amount; (2) create an Account with Car.Show where you can save vehicle searches and streamline your experience with Car.Show functionality; (3) fill out online quote forms to ask questions, learn about available manufacturer incentives, estimate the trade-in value of a vehicle and be placed in contact with an original equipment manufacturer, local vehicle dealer and/or seller; and (4) learn more about pricing on new and/or used vehicle inventory through a toll free telephone number (the "Services").

General

By using this Site and any related services offered on this Site, you agree and understand:

That neither Detroit Trading, its parents nor its subsidiaries/affiliates are a party to any agreement(s) entered into between sellers and/or dealers and buyers;

That neither Detroit Trading, its parents nor its subsidiaries/affiliates are a dealership, broker, agent, administrator, financer or insurer of any new vehicles;

That the content that appears on Detroit Trading is for informational purposes only and that it may, from time to time, contain errors — despite our best efforts. To this extent, we make no guarantees regarding the accuracy, timeliness, completeness or reliability of any of the materials or information contained on the Site; and,

That Detroit Trading does not have any control over the conduct of sellers, dealers, buyers or other users of the Site, the services offered on the Site or any representations made about any vehicle by a dealer or seller whose vehicle is posted on the Site, despite our hope all parties who use the Site act honorably and treat each other fairly.

When used in these Terms, Detroit Trading shall include any parent companies, affiliates, directors, officers, and employees.

These Terms are a legally binding agreement between you and Detroit Trading. Please read them carefully.

Modifications to these Terms

From time to time, we may change the Terms that govern your use of our Site and any related services. Your continued use of our Site following any such changes to these Terms constitutes your agreement to follow and be bound by the terms as changed. When such a modification is made, we will post a revised version of the Terms on this Site. Changes will be effective when they are posted. Detroit Trading is not required to provide you with notification that any such change has been made.

Site Contents

Except as otherwise indicated, information on this Site is protected by copyright in the United States of America and in other countries. Detroit Trading and its parents owns and/or uses with permission all worldwide right, title and interest in and to the Site and its Contents. Unless otherwise specified (see the Limited Disclaimer of Copyright below), no one has permission to copy or republish, in any form, any information found on this Site.

The posting of information or other materials to this Site does not constitute a waiver of any proprietary right in such information and materials (such as, but not limited to, copyright, service marks, trademarks, trade dress, trade names, or other intellectual property) and does not transfer any rights to a user of the Site or any other third party, except as expressly provided herein.

Vehicle Listings

The prices listed by sellers and dealers on Detroit Trading often exclude sales tax; finance charges; title; and license, regulatory, dealer documentation, emission testing and compliance fees. Any or all of these fees may be added by a dealer or seller to the listed price prior to sale of a listed vehicle. Please contact the dealer or seller for full details and final pricing.

Detroit Trading is not responsible for the condition, performance or quality of any of the vehicles, goods or services listed on the Site.

All transactions are conducted by and fulfilled through sellers and dealers that are not owned by or affiliated with Detroit Trading. Detroit Trading does not guarantee vehicle prices or availability.

Except as otherwise indicated, information on this Site is protected by copyright in the United States of America and in other countries. Unless otherwise specified, no one has permission to copy or republish, in any form, any information found on this Site.

Any authorized person may view the information and incidentally create an electronic copy of the information available from this Site for informational, non-commercial purposes only. No part of the information at this Site can be otherwise redistributed, copied, or reproduced in any form without prior written consent of Detroit Trading.

Certain automotive content displayed within this website Copyright Dataone Software and are protected under the United States and international copyright law. Any unauthorized use, reproduction, distribution, recording or modification of this content is strictly prohibited. Dataone Software is an automotive data source providing data to solution and service providers in North America across many sectors including automotive marketing, transportation, and risk management.

Other certain automotive images or video contained on Detroit Trading are owned by EVOX Productions, LLC, and are also protected under United States and international copyright law.

In accordance with the Digital Millennium Copyright Act of 1998 (see www.copyright.gov for full text), Detroit Trading will respond to claims of copyright infringement committed using the Site when such claims are reported to Detroit Trading. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright and believe your or such owner's copyright has been infringed by an improper posting or distribution via this Site, please report the infringement by sending an email to the copyright agent at mattc@detroittrading.com.

Any and all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered in connection with your use of this Site (collectively, "Submissions") shall be and remain Detroit Trading property. Detroit Trading is not under any obligation to (1) maintain any Submissions in confidence; (2) pay to user any compensation for any Submissions; or (3) respond to any user Submissions.

You agree any Submission you make to the Site does not violate any right of any third party, including copyright, trademark, privacy, patent or other personal or proprietary right(s). In addition, if any Submission contains your or any other person's name, likeness, voice or biographical information ("Personally Identifiable Information"), you grant and will cause the other person to grant to Detroit Trading a transferable, non-exclusive, worldwide, royalty-free license to use such Personal Identifiable Information for any advertising or marketing of Detroit Trading's products in any medium. You agree to indemnity and hold harmless Detroit Trading against any losses, liabilities, claims and expenses (including attorneys' fees) arising from your use of this Site, your Submission and any Personally Identifiable Information contained therein.

You further agree that the Submission you submit to the Site does not contain libelous or otherwise unlawful, abusive or obscene material. You are and remain solely responsible for the content of any of your Submissions. Electronic transmissions to and from this Site are not confidential and may be read or intercepted by others.

CAN-SPAM, Telephone Consumer Protection Act and Similar Law

Your use of this Site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act and all other applicable law that addresses unsolicited commercial communications. By visiting this Site and using its features, you agree that we, our agents or third parties to whom we provide your information may call, e-mail, or otherwise communicate with you regarding the sale or lease of motor vehicles.

By visiting the Site and using the services, you give to us and/or our third party partners the right to contact you and to attempt to sell you one or more vehicles. This includes, without limitation, packaging your information and providing it, for compensation or otherwise, to persons who purchase and/or repurchase your packaged information as a sale's lead. You grant your permission for us to do this (and to do all other things reasonably necessary to accomplish this purpose) and for one or more recipients of the information to try to sell you a vehicle. The uses of your information are not limited to sales of motor vehicles.

Please see our Privacy Policy for more details.

Disclaimer of Warranties

THIS INFORMATION IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY ARISING OUT OF THE COURSE OF DEALING OR TRADE.

DETROIT TRADING MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE SITE OR MATERIALS CONTAINED ON THE SITE OR THE SERVICES IT PROVIDES, INCLUDING ANY RELATED INFORMATION, TECHNICAL ASSISTANCE, REPRESENTATIONS OR GRAPHICS. DETROIT TRADING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OUR OMISSIONS IN THE CONTENT OF THE SITE OR SERVICES IT PROVIDES. DETROIT TRADING SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE SITE.

REFERENCE TO DETROIT TRADING AND ITS SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

DESCRIPTIONS OF, OR REFERENCES TO, PRODUCTS, SERVICES OR PUBLICATIONS WITHIN THE DETROIT TRADING SITE DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. DETROIT TRADING MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER OR PRODUCTS OFFERED ON THE SITE OR ANY RELATED SERVICE INCLUDING THE QUALITY OF ANY VEHICLE LISTING AND/OR SERVICES OFFERED. DETROIT TRADING SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Some states do not allow the disclaimer of warranties or the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.

Typographic Errors

This Site could include technical inaccuracies or typographical errors. Detroit Trading assumes no liability to any injury, whether financial or other, that arises from a technical inaccuracy or typographical error.

Limitations of Liability

By accessing the Site or by using any service offered by Detroit Trading, you agree to release and hold harmless the Detroit Trading from and against any and all claims, damages, liabilities, judgments, costs and expenses arising out of participation in any activity, whether online or offline, offered by Detroit Trading. Neither Detroit Trading nor any other party involved in creating, producing or managing the Site and or any Detroit Trading services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily or personal injury or distress arising (1) in connection with the use or inability to use this site; (2) from any communications, meetings, or interactions with Detroit Trading employees or with other users of the site, including buyers, sellers, dealers and/or service providers — whether based on warranty, contract, tort (including negligence), product liability or any other legal theory.

IN NO EVENT SHALL DETROIT TRADING' LIABILITY TO USERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY USERS TO DETROIT TRADING, FOR ACCESSING THE SITE OR USING ITS SERVICES. YOU SHOULD CONSULT YOUR LEGAL ADVISORS REGARDING THE APPLICABILITY OF STATE STATUTES REGARDING LIMITATIONS ON LIABILITY.

Indemnification by User

USER AGREES TO INDEMNIFY, DEFEND AND HOLD DETROIT TRADING HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES RELATED TO (1) A USER'S VIOLATION OF THESE TERMS AND CONDITIONS OR (2) USER'S USE OF THESE SERVICES, INCLUDING BUT NOT LIMITED TO THE TECHNICAL SUPPORT AND THE INFORMATION PROVIDED AT THIS SITE OR THROUGH ANY RELATED THIRD PARTY.

Viruses

All responsibility or liability for any damages caused by viruses contained within the electronic files or at this Site is disclaimed.

Links to Other Websites

This Site may contain links to other web sites not owned or managed by Detroit Trading or its affiliates. Detroit Trading is not responsible for the content, accuracy, or opinions expressed in such web sites, and such web sites are not investigated, monitored, or checked for accuracy or completeness by Detroit Trading. Inclusion of any such linked web site does not imply approval or endorsement of the linked web site by Detroit Trading.

Governing Law

These Terms will be governed by and construed in accordance with the laws of the United States of America and the State of Michigan without regard to conflict of law principles. Users agree that all legal proceedings related to the matters shall be adjudicated solely in the courts of Oakland County, Michigan, United States of America. Users consent to extra-territorial service of process and submit to the jurisdiction of these courts.

To the extent any portion of these Terms are unenforceable, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect.

Any waiver of any provisions contained in these Terms by Detroit Trading shall not be deemed to be a waiver of any other right, term, or provision of these Terms. Any waiver of these Terms must be in writing and signed by our authorized representative. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Privacy Policy

Effective Date: July 18, 2018Revised: July 18, 2018

Welcome

Thank you for your interest in these car shopping tools and car shopping content channels (collectively, the “Site”) powered by Detroit Trading Services, LLC (“Detroit Trading”). We encourage you to read the following Privacy Policy, which outlines how Detroit Trading collects, uses and maintains the personal information from site users. This Privacy Policy also outlines your rights as a consumer.

Detroit Trading hosts and maintains this Site to help you shop for new and used motor vehicles online. When used in these Terms, Detroit Trading shall include any parent companies, affiliates, directors, officers, and employees.

The Site provides users with various services, including an online platform that enables users to (1) comparison shop new and/or used vehicle pricing based on style, segment, brand and/or payment amount; (2) fill out online quote forms to ask questions, learn about available manufacturer incentives, estimate the trade-in value of a vehicle and be placed in contact with an original equipment manufacturer, local vehicle dealer and/or seller; and (3) learn more about pricing on new and/or used vehicle inventory through a toll free telephone number (the “Services”). By using the Site or by providing personal information to us, you agree to the terms set forth below (the “Terms”). We respect your privacy when you use our Site.

What This Privacy Policy Covers and Does Not Cover

This Privacy Policy covers Detroit Trading use of the personal information you submit. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available ("Personal Information").

This policy does not cover the practices of companies that Detroit Trading does not own or control, or to people that Detroit Trading does not employ or manage, or to information collected by means other than those provided on this Site.

Information Detroit Trading Collects About You

The services that Detroit Trading offers on its Site are intended to be used by residents of the fifty (50) United States who are of the legal age to purchase and operate a motor vehicle in their state of residence. The information that these persons provide is stored on secure servers located in the United States.

Detroit Trading may collect the following information from you when you use the services on our Site.

(a) The Personal Information that You Provide. Detroit Trading collects Personal Information from you when you:

> Use Our Quote Form to Request Additional Information. When you use our Quote Form to request additional information regarding the purchase of a motor vehicle, we ask for Personal Information such as your name, email address and phone number. We will subsequently share this information with our affiliate 800CARSHOW, LLC (d/b/a 1-800-CAR-SHOW) (“1800CARSHOW”), original equipment manufacturers, dealers, related service providers and/or private sellers near you. We may also follow up with a phone call from our 1800CARSHOW affiliate and/or email communications to request and/or share additional information about the subject of your request.

> Use Our Toll Free Number to Contact Us. When you call us, we, 1800CARSHOW, or a service partner acting on our behalf, may request and collect additional Personal Information to learn more about you, your needs and place you in contact with a seller. We, 1800CARSHOW, or a service partner acting on our behalf may also collect non-personal information about the call, such as the date and time you called.

(b) Analytical Information. Detroit Trading uses automated methods to collect and aggregate information regarding general use of the Site. This is collected and stored in the form of user analytics and is used to help us improve user experience and the relevance of content that we provide and deliver. This analytical information may include, but is not limited to:

> Your IP address and the type of browser and operating system used.

> The date and time you accessed the Site and the pages you visited.

> Whether or not you linked from or to another website.

> Whether or not you open any email from Detroit Trading, and if so, the links that you click within the email.

> Your ISP or mobile carrier, and the type of handheld or mobile device that you used.

(c) Cookies, Local Shared Objects, Web Beacons and other Data Technologies.
Detroit Trading automatically receives and records information on our server logs from your browser. This information may include, but is not limited to:

> Cookies. Cookies are small identifiers sent from a web server and stored on your device for the purpose of identifying your browser and/or storing information or settings in your browser.

> Local Shared Objects. Local shared objects are used to store your preferences or display content based on what you have viewed on other websites. They are sometimes known as "Flash Cookies", and are used to personalize your viewing experience.

> Data Technologies. Any other technology that may be developed to track and analyze online browsing patterns and provide more customized browsing experiences on Detroit Trading.

(d) Publicly Posted Information. Detroit Trading may collect information that you make available to us and others via social media networks, forums, blogs, list serves, chat rooms or similar functionality. This information is public information that we or others may share or use in accordance with the law.

(e) Combined Information and Information from Other Sources. We may combine Personal Information that you provide to us with information we receive from our affiliates and other sources, as well as with other information that is automatically collected. The combined information may include information about your vehicle history, your interests and activities, additional demographic data, your use of the Site, your use of other websites, devices and mobile applications and information from our affiliates and other sources.

How Detroit Trading Uses the Personal Information It Collects

Detroit Trading may share your Personal Information in the following ways:

(1)To Provide You with the Products or Services You Requested. We share the Personal Information that you provide to vehicle dealers, sellers and/or original equipment manufactures and their representatives and/or affiliates. We do this in return for compensation or otherwise. We do this so that they can follow up with additional information about the products or services you request and sell you a motor vehicle. These entities may use your Personal Information to communicate with you about the offers they are listed on Detroit Trading and/or related offers and/or products, and will use the information in accordance to their respective privacy policies.

(2)For Everyday Business. Everyday business purposes, include providing you with information about similar products or offers to the one that you inquired about, diagnosing technical issues, improving financial performance, improving user experience and evaluating our business.

(4)To Prevent Fraud or Illegal Action. Detroit Trading will share your Personal Information when we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Detroit Trading Terms or Use, or as otherwise required by law.

Transferability. By providing us with your Personal Information, you agree to the onward transfer of this Personal Information to the parties with whom we share it and understand that your Personal Information will be used in accordance to the terms of the Privacy Policies of the entities with whom we transfer the Personal Information.

If a person or entity bought Detroit Trading or if Detroit Trading is merged with another company or entity, Detroit Trading will transfer your Personal Information to the entity who either acquired or merged with Detroit Trading so that this party could carry on Detroit Trading business functions.

Verification of Vendors and Partners. As noted above, we may share your Personal Information – whether in return for compensation or otherwise – with various sellers, vendors, suppliers, and advertisers who wish to do business, or attempt to do business with you, so that they can sell you a motor vehicle. While we use good faith efforts to verify that such sellers, original equipment manufacturers, vendors, suppliers, and advertisers promote products and services of interest to site users, we cannot, and do not, endorse such vendors, suppliers, advertisers, products or services unless we expressly state otherwise.

Your Consent. By using the services on this Site, you give to us and to those to whom we provide your information the right to contact you and to attempt to sell to you one or more motor vehicles. This includes packaging your information and providing it – for compensation or otherwise – to a vehicle seller or related party as a sales lead.

Your use of this Site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act and all other applicable law that addresses unsolicited commercial communications.

If you wish us to refrain from providing your Personal Information in this manner, please see the opt-out information and contact information provided below.

Our Use of Cookies and Related Technology

Detroit Trading may set and access cookies on your computer. We offer certain features that are only available through the use of cookies. We use cookies to help identify you, maintain your search results and introduce you to new products and/or services. You are always free to decline our cookies, if your browser permits, though doing so may interfere with your use of the Site.

Detroit Trading may engage advertising agencies and/or direct clients to provide advertisements on the Site. Those entities might use cookies and other tracking devices to collect information about your online activities over time and across different websites and services. That information may include: browser, IP address, page(s) visited, time, and date. This information is used to evaluate advertising activities and/or introduce related products, services and/or offers from these entities or their clients.

Additionally, most web browsers include a “do not track” setting. There is a lack of certainty among companies on the web about the impact of the setting on the information collected. If you enable that setting, it will not change what information is exchanged with your computer, or how that information is used, when you visit our website(s).

Adobe Marketing Cloud Device Co-Op Disclaimer

Detroit Trading and its affiliates participates in the Adobe Marketing Cloud Device Co-op to better understand how you use our website and apps across various devices, and to deliver tailored promotions and advertising. Learn more about how our partners at Adobe does this by clicking here.

Data Security

Detroit Trading commercially reasonable administrative, technical, personnel, and physical security measures designed to safeguard information about you in our possession against loss, theft and unauthorized use, disclosure or modification. NOTE: No method of transmission via the Internet is 100% secure. Nor is any method of electronic storage 100% secure. Because of this, Detroit Trading cannot guarantee and/or assume responsibility for unauthorized access to the servers and/or systems that are used for Detroit Trading’s business purposes.

Your Choices About Collection and Use of Your Information. You have the right to control how your data is used. If at any time you want to request what personal information that we have collected from you, please email us at: info@detroittrading.com.

If you no longer wish to receive Detroit Trading communications, promotional materials or have your Personal Information provided to third parties, then you may opt to not receive such communications or have information shared.

Detroit Trading will comply with such requests as soon as is commercially practicable. This compliance may involve batch processing and other processes that may take ten (10) days or longer to process

To opt out of Detroit Trading communications or to change your preference as to how we share your information with third parties, please email us at: info@detroittrading.com.

NOTE: We will continue to keep your Personal Information and any related information to the extent necessary to maintain our relationship with you and/or respond to any governmental or legal proceedings.

Opt-Out Rescission. If you opt out per the process set forth above, but then either (a) provide your Personal Information to us again using the Site, (b) provide your Personal Information to us again using a related site owned by a Detroit Trading affiliate or parent or (c) under other circumstances permit us to use your Personal Information, then we will regard your opt-out as rescinded.

Opt-Out and Third Party Responsibility. Please also note that an opt-out request received by us after we have passed on your Personal Information to a third party will not affect use by that third party of your information. Please refer to that third party’s respective privacy policy for terms governing opt-out process.

Special Information for California Residents

California Civil Code Section 1798.83 entitles California users to request information concerning whether a business has disclosed certain information about you to any third parties for the third parties' direct marketing purposes. California users who wish to request further information in compliance with this law or have questions or concerns about Detroit Trading’ privacy practices may contact us at info@detroittrading.com.

Online Tracking Policy for California Residents: As of the effective date of this Privacy Statement, there is no commonly accepted response for Do Not Track signals initiated by browsers, therefore we do not respond to them.

Children’s Privacy

Our website is intended for use by persons aged sixteen (16) or older, and we do not knowingly collect personal information from children under the age of thirteen (13).

Changes to this Privacy Policy

Detroit Trading may update this policy from time to time. If we make changes, we will revise the date at the top of this Privacy Policy. In some cases, we will also email users who have opted to receive communications from us, notifying them of the changes.

Disputes

This Privacy Policy, the use of your Personal Information and any dispute you may have related to such is governed by the laws of the State of Michigan, USA. By accessing this Site and by using the services offered on the Site, you consent to the exclusive jurisdiction and venue of the courts in Oakland County, Michigan, USA.

Questions and Suggestions

If you have questions or suggestions about this Privacy Policy or any experience you have had with Detroit Trading, please contact our parent company at: